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The Defendants jointly and severally against the Plaintiff A, KRW 51,230,940, KRW 41,243,721, and each of the above amounts.
Reasons
Basic Facts
Plaintiff
A is the owner of Mapo-gu Seoul Metropolitan Government E large 92 square meters and F large 76 square meters, Plaintiff B is the G large 102 square meters, Defendant C is the owner of H large 67 square meters and I large 1 square meters, and the Plaintiffs and Defendant C are the owners who jointly engage in the business of constructing and selling one apartment house (hereinafter “instant apartment house”) on the same land adjoining each other on June 2, 201 (hereinafter “instant apartment house”); Defendant D is the husband of Defendant C and is the representative of Defendant C, who is jointly and severally liable with Defendant C with regard to the instant plant agreement.
The Plaintiffs and the Defendants entered into an abstract joint management agreement on June 2, 201 only, and set forth the specific contents of the partnership in a new loan joint business agreement after which they entered into the agreement (hereinafter “instant construction agreement”) as follows.
The apartment house of this case is constructed with 300 square meters and 10 units, and the plaintiffs delegate all the duties related to the construction and sale of the apartment house of this case to the defendants, and the defendants pay the remaining amount after deducting the expenses to be incurred in the construction and sale of the apartment house of this case from the sale price to each party after the sale of the apartment house of this case.
The Plaintiff A’s shares in the instant partnership business shall be 50%, 30% for the Plaintiff B’s shares, 20% for the Defendant C’s shares, and 20% for all profits and expenses for the instant partnership business, unless otherwise specified.
Of the sale price of the Plaintiff A, B02, 102, 302, and 402, 50% out of the sale price of the Plaintiff’s four households, 101, 201, 301, and 401, 50% of the sale price of the Plaintiff’s four households is allocated to the Defendants, respectively.
The above land has been financed by KRW 600 million in the name of Defendant C with the loan of KRW 300 million in the name of the Plaintiff A, KRW 130 million in the Plaintiff B, and KRW 170 million in the Defendants divided and used KRW 170 million in each of them, and each of the above loans and its related amounts.